The Hindu Adoptions and Maintenance Act, 1956

Indian Legal System > Civil Laws > Family Laws > The Hindu Adoptions and Maintenance Act, 1956

Who is Hindu?

  • Hindu by Birth
  • Jainism
  • Sikhism
  • Buddhism
  • Cults and Movements in Hinduism
  • Conversion to Hinduism
  • Reconversion to Hinduism
  • Hindu by Declaration
  • Any Person Who is Not a Christian, Parsi, Jew or Muslim by Religion

Chapter – I (Preliminary)

Introduction (S. 1)

  • Objectives of the Act
  • Enactment of the Act
  • Extent of the Act

Applicability of the Act (Ss. 2 – 4)

  • Applicable to Hindus Only
  • When Both Parents are Hindu
  • When One Parent is a Hindu
  • Whose Parentage is Not Known But Brought Up as Hindu
  • Meaning of Customs and Usage
  • Overriding Effect of the Act

Chapter – II (Adoption)

The Concept of Adoption

  • What is Adoption?
  • Objectives of Adoption
  • Reasons for Adoption in Modern Times

Conditions for Valid Adoption (Ss. 5 and 6)

  • Sections 5 and 6 Bare Act Provisions
  • Prospective Nature of the Act (S. 5)
  • The Conditions of Valid Adoption (S. 6)

Adoption by a Hindu Male (S. 7)

  • Major Hindu and Soundness of Mind
  • Consent of Wife (If Married)
  • Wife Consent When Not Necessary

Adoption by a Hindu Female (S. 8)

  • Adoption by Unmarried Hindu Female
  • Adoption by Married Hindu Female
  • Adoption by Widow Hindu Female
  • Adoption by Wife of Void or Voidable Marriage
  • Adoption by Divorced Wife
  • Widow’s Right to Adopt in Presence of Daughter In Law

Who May give a Child in Adoption? (S. 9)

  • Father’s Capacity to Give in Adoption
  • Mother’s Capacity to Give In Adoption
  • Guardian’s Capacity to Give Child in Adoption
  • Court’s Satisfaction
  • Jurisdiction of Court

Who can be Adopted? (S. 10)

  • Child Must be Hindu
  • No Previous Adoption
  • Only Unmarried Child can Be Adopted
  • Effects of Customs and Usage

Restrictive Conditions for Adoption (S. 11)

  • Adoption of a Son
  • Adoption of a Daughter
  • Age Difference Between Adopter and Adoptee
  • Simultaneous Adoption
  • Ceremonies of Adoption
  • The Burden of Proof

Effects of Adoption (S. 12)

  • Relation of Adoptee With Adoptive Family
  • Relation of Adoptee With Biological Family
  • Rights of Adoptee in Adoptive Family
  • Rights of Adoptee in Biological Family
  • Effect of Adoptee on Rights of Adoptive Family

Upcoming Topics

  • Section 13. Right of adoptive parents to dispose of their properties
  • Section 15. Valid adoption not to be cancelled-
  • Section 16 Presumption as to registered documents relating to adoption
  • Section 17 Prohibition of certain payments-
  • Section 30. Savings

Maintenance

  • 18. Maintenance of wife
  • 19. Maintenance of widowed daughter-in-law
  • 20. Maintenance of children and aged parents
  • 21. Dependents defined-
  • 22. Maintenance of dependents
  • 23. Amount of maintenance
  • 24. Claimant to maintenance should be a Hindu
  • 25. Amount of maintenance may be altered on change of circumstances-
  • 26. Debts to have priority
  • 27. Maintenance when to be a charge
  • 28. Effect of transfer of property on right or maintenance-

Indian Legal System > Civil Laws > Family Laws > The Hindu Adoptions and Maintenance Act, 1956